If you are suing someone, or if you are being sued, you may be wondering: “In lawsuits, what happens before trial?” Our California litigators have experience representing clients in civil suits, and many of them want to know what they can expect in the month before their trial starts. The truth is that your life is going to change considerably – at least for a little while. Trials can be stressful and time-consuming. But they can also be incredibly rewarding when your lawyers are able to secure a favorable verdict and help you achieve justice. That’s why you need to make sure you have the right attorneys on your side and handling your case, especially if the trial date is quickly approaching. The Los Angeles civil litigation attorneys at Tauler Smith LLP know how to prepare for trial and win in the courtroom – and we can help you win your case.
Keep reading this blog to learn more about what you and your attorneys can do to get ready for trial.
Are You Confident in Your Current Attorneys?
As your trial date gets closer, you may feel an incredible amount of stress – which can manifest itself both physically and emotionally. And since you don’t know what the outcome of the trial will be, you may also feel intense pressure during the trial. Managing this stress and pressure is an important aspect of getting through the trial, and one of the best ways to do this is to let your attorneys take care of the legal matters while you focus on yourself. Of course, this requires you to have the utmost confidence in your attorneys.
Cases are usually won or lost in the weeks and days leading up to trial. The side that best prepares everything for trial is likely to prevail at the final verdict. If your current attorney is not doing enough to get the case ready, your chances of defeat go up substantially. That’s why you should consider hiring a lawyer who specializes in late-notice cases and last-minute trials.
How Your Attorneys Should Prepare for an Upcoming Trial
There are a number of things that both you and your attorneys can do to make sure that you are ready for an upcoming trial in a California courtroom, whether it’s a criminal case or a civil case involving business fraud, breach of fiduciary duty, or employment law. Some of the most important prep work that your trial lawyer must get done either just before trial or shortly after the trial starts includes:
- Filing pretrial briefs and motions if they have not already been filed with the court.
- Prepping your witnesses for direct examination so that the main themes come across to the jury. Your witnesses should also be fully prepared for cross-examination by the other side.
- Reviewing evidence that supports your case and making sure that it can be properly introduced at trial. This includes reviewing depositions so that the opposing side’s witnesses can be cross-examined.
- Writing an opening statement to be presented to the jury at the start of the trial, and preparing a closing argument that succinctly summarizes your story and cogently explains to the jury why you should win the case at the conclusion of the trial.
- Making sure the record is prepared for appeal in the event that you do not win at trial.
- Communicating with the client so that they are fully informed about what is happening with the case, and also so that they can provide valuable information about the facts, witnesses, evidence, etc.
Pretrial Briefs and Motions
Your attorneys need to be extremely well-versed in the law, and they must have extensive experience handling cases that go to trial because they are going to need to follow court procedure and rules every step of the way. A single mistake during the pre-trial stage can be fatal to your case because you may not have the ability to remedy that mistake later. This includes filing all necessary briefs and motions by the required deadlines. A lot of judges will insist that you cannot go back and file certain motions once the deadline for doing so has passed, which means you may be blocked from introducing crucial evidence, deposing certain witnesses, or even getting the case dismissed before trial.
Witness Prep
Your attorneys will need to make sure that all your key witnesses are available for the trial date, and that those witnesses are fully prepared to testify. You may also want some witnesses on call to counter the opposing side’s arguments, and this means that your attorney will need to be adept at anticipating every possible argument and legal issue that might come up.
The amount of time needed to get the client and other witnesses ready for direct examination on the witness stand varies, depending on the particular case. You should expect to commit a good chunk of time to practicing testimony with your legal team. And you should expect preparation for cross-examination to take even longer.
Evidence
A strong trial lawyer will need to prepare every aspect of your case with the expectation that it will go to trial. This means having a complete list of all evidence that may be relevant in the case, including any documents that were obtained during discovery. It will also be necessary to have the depositions of any witnesses that could be called at trial. Basically, anything that will be needed to prove your case at trial should be available.
Depending on what happens at trial, it may be necessary to impeach a witness. This is when knowing the depositions inside and out will prove crucial because your attorney must immediately recognize inconsistencies in the witness’ testimony.
Opening Statement & Closing Argument
Your lawyers need to be able to communicate your story to the jury in a way that is easy to follow. The opening statement should capture the jurors’ attention, and the closing argument should intelligently articulate to the judge and jury why they should find in your favor.
Preparing the Record for Appeal
If the verdict does not go your way, your attorney might also want to file an appeal. This actually requires some foresight from your lawyer because they will need to make sure that the record is prepared for appeal.
Communicating with the Client
You can expect the days and weeks before the trial to be extremely time-consuming. Your attorneys will be doing everything possible to prepare the case, but you may also be called upon for last-minute gathering of documents, locating and contacting potential witnesses, and preparing for direct testimony at trial.
Additionally, if the client is open to a pre-trial settlement, then they should be on call to provide input when last-minute settlement discussions gain traction.
Contact the California Trial Lawyers at Tauler Smith LLP
The truth is that no two cases are the same. That’s why you need experienced legal representation who will work closely with you and who will aggressively advocate on your behalf throughout the legal process, up to and including the trial.
The Los Angeles trial attorneys at Tauler Smith LLP are ready to help you. We represent clients in courtrooms throughout the United States, including California, Texas, New York, and Florida. Call 310-590-3927 or send an email today to discuss your case.
Asking for a Continuance
/in Litigation /by taulersmithWhat should you do if you need a new lawyer before your trial? Asking for a continuance may be your best option, especially if you are no longer confident that your current attorney can effectively represent you at trial. You need a lawyer who is prepared to step in and immediately take over your case. The last-minute trial lawyers at Tauler Smith LLP represent both plaintiffs and defendants in California, Texas, New York, and Florida courts, as well as federal courts throughout the U.S. We can examine the evidence, review the case litigation history, and prepare strong legal arguments for trial in your case – and we can do all of this at a moment’s notice.
Keep reading this blog to find out how you can ask the court for a continuance to get replacement counsel.
What Is a Continuance?
A continuance allows the parties in a legal dispute to postpone a hearing until a later date. When you request a continuance, it means that you are asking the court to change the trial date to a different date in the future.
The process for requesting a continuance can vary, depending on whether it’s a criminal case, a civil case, an arbitration hearing, etc. That’s because different courts or forums have different rules for continuance requests.
Continuance for a Hearing
As a general rule, it is easier to convince judges to issue a continuance for a hearing than a trial. That’s because trials come at the end of the case when all pre-trial documents have been filed, permanent orders have been issued, and everything has already been set in motion. Moreover, judges are loathe to issue continuances for trial dates because both sides have already had a lot of time to prepare and clear their schedules.
How to Request a Continuance in Your California Trial
There are rules and procedures for how to formally request a continuance, and these rules and procedures are usually specific to the courtroom handling the case.
A party in a legal dispute typically requests a continuance in writing: they or their attorney must file a motion with the court. This is almost always done well in advance of the actual trial date. The later your request for a continuance, the less likely the court is to grant it. If you have to request a continuance in person, you should be fully prepared for the court to say, “No.”
Continuances Are at the Judge’s Discretion
Just because a person requests a continuance does not mean that it will be granted by the court. Continuances are discretionary, which means that the judge in your case has a great deal of flexibility when it comes to granting your request for a continuance. Never assume that a continuance will be granted. Until you know for sure that the court has granted a continuance, you need to be fully prepared to show up to court and argue your case.
Judges can be reluctant to grant continuances because they don’t want to allow one party to excessively delay the trial for their own benefit. When deciding whether to issue a continuance, the judge will probably consider the degree to which the other side in the case will be hurt by delaying the trial.
Showing “Good Cause” for a Continuance
Sometimes, a continuance can be agreed upon by both parties, which makes it more likely that the court will grant the continuance request. If the other side does not agree to a continuance, then you will need to convince the judge.
Basically, the judge in your case needs a good reason, or “good cause,” to issue a continuance so that the hearing can be continued later. It is important to keep in mind that you need a better reason than “I’m just not ready for trial.”
Some of the reasons that might necessitate a continuance include:
Replacing Your Current Attorney with a Skilled California Trial Attorney
If you need time to find emergency counsel to handle your business fraud case, breach of fiduciary duty complaint, intellectual property claim, employment litigation, or any other type of legal matter, you may want to request a continuance. It’s possible that your current lawyer simply isn’t getting the job done. Maybe they are pushing you to accept a bad settlement offer because they are afraid of having to win at trial. Maybe they aren’t returning your phone calls or keeping you informed about what is happening with your case. Regardless of the reason, you need a new lawyer – and you need one fast, especially if your next court hearing or trial is coming up.
Judges expect the party who is requesting a continuance to have been diligent in preparing for trial. If you have not made a reasonable effort to obtain replacement counsel, the judge may deny your continuance request. Additionally, the judge will likely ask you why you failed to inform the court about any problems you were having with your previous counsel. That’s why you need to stay on top of things and act quickly when you realize that your current attorney is unprepared for trial.
Need Last-Minute Trial Representation in a California Court? Contact Us Today
Do you have a court hearing or trial that is about to start in California? It is imperative that you take immediate action and reach out to the Tauler Smith last-minute trial team. Do not wait! The reality is that the judge in your case may not grant an extension, and you could find it difficult to move on from your current attorneys if you delay. You need to speak with an experienced litigator ASAP.
Call 310-590-3927 or send an email now.
Tips to Prepare for a Jury Trial
/in Litigation /by taulersmithA lot of lawyers don’t take their cases all the way to trial, so they never get the experience in front of jurors that is needed to actually win at trial. It’s very possible that your previous lawyer developed the case without the expectation that it would go to trial. It’s also likely that an inexperienced attorney won’t be ready to argue your case to a jury. The truth is that some lawyers could use tips to prepare for a jury trial. The Los Angeles trial lawyers at Tauler Smith LLP have extensive experience handling jury trials in both state and federal courts, so we know which arguments are most likely to persuade jurors.
For tips on how a trial attorney can prepare your case for a jury trial, keep reading this blog.
How an Experienced Trial Lawyer Can Prepare Your Case for a Jury Trial in California
These are some of the things that an experienced trial lawyer can do to prepare for a jury trial in a California courtroom:
An Experienced Trial Lawyer Can Communicate Your Story to the Jury
In many ways, jury trials are preferable to bench trials because a jury trial doesn’t leave the decision in a single person’s hands. But this also means that your lawyer needs to be able to persuade multiple people at once. This can be tough in complex cases such as business fraud, breach of fiduciary duty, or employment defense.
With jury trials, it is important to recognize that jurors are human beings. This means that they may consider the law, but they will almost certainly factor in real-world human elements. If the jurors don’t believe you or your witnesses, they are not likely to find in your favor. This is why it is important to maintain credibility throughout the trial, and one way to do that is by telling a coherent story.
Our California Litigators Know How to Win in Court
The unfortunate reality is that far too many litigators simply don’t know how to win a case in the courtroom. They may understand the applicable statutes, but they never learned the technical skills of preparing a case for a trial. The Los Angeles trial attorneys at Tauler Smith LLP take pride in our ability to uncover buried evidence, develop strong arguments, and prep witnesses to take the stand. Even when the odds are stacked against you and the other side’s evidence seems insurmountable, we will do whatever is needed to give you a real fighting chance to win the case.
Additionally, we are often called upon to take over a case at the last minute. This is when a litigator is truly tested: in the days and weeks leading up to trial, when someone has to get ready to show up to court and actually present the case. In many ways, this is the toughest part of being a lawyer. Our last-minute trial team is stacked with attorneys who know how to effectively argue a client’s case in the courtroom and achieve the desired result. Significantly, we also know how to prepare cases quickly so that you never have to worry about whether we will be ready to win your case at trial.
Contact the California Trial Team at Tauler Smith LLP
The California trial lawyers at Tauler Smith LLP provide high-level service to our clients throughout the entire legal process, from the moment we begin reviewing the evidence in your case all the way through trial. We represent clients in California, New York, Texas, Florida, and everywhere else in the U.S.
Call or email us now to schedule a free consultation about your case.
Why Jury Trial Experience Matters
/in Litigation /by taulersmithIf you have a looming trial and you are not entirely sure that you are being represented by the right attorney, it is vital to understand exactly why jury trial experience matters. Just because an attorney is called a “litigator” does not mean that they have the type of experience needed to handle a jury trial in a California state or federal court. In fact, many people are shocked when they learn that a lot of jury trials are argued by lawyers with little to no actual experience in the courtroom. These days, far too many lawyers want to settle regardless of the terms of the settlement offer because they are terrified by the thought of having to present their client’s case to a jury. The Los Angeles trial lawyers at Tauler Smith LLP have tried countless cases in front of juries at both the state and federal level, and you can benefit greatly from our experience.
Keep reading this blog for more information about jury trials.
Jury Trials Are on the Decline in California and Nationwide
The number of jury trials in California, New York, Florida, and across the U.S. has been on a steady decline for several years. Part of the reason for this is the financial cost of going to trial, which can make it tough for litigants to justify moving forward with their cases. Another reason for the decline in jury trials is that far too many lawyers are afraid to take a case to trial because they don’t have enough actual courtroom experience. All of this has resulted in more pre-trial settlements and fewer jury trials.
The decline in jury trials is a problem because they often provide individuals with their best opportunity to get justice in a legal dispute. In fact, many of the most significant civil disputes are still decided by jury trials.
Jury Trials Are Different from Bench Trials
The truth is that your current lawyer’s experience with bench trials, arbitrations, and other types of court proceedings doesn’t necessarily mean that they can effectively represent you in a jury trial. Jury trials are typically won or lost on the basis of the litigation team, which is why you want to be backed by a lawyer who has actual litigation experience and who knows how to communicate your story to a jury.
Litigation Experience in the Courtroom
Trial work is very different from other types of legal work because it requires a high degree of expertise in several areas: the relevant practice area, legal writing, oral advocacy, and litigation. That’s why you want a lawyer with jury trial experience that includes trying cases involving business fraud, breach of fiduciary duty, employment law, and criminal defense.
It is important to recognize that there is a key difference between “litigation” and “experience.” It’s not good enough for a lawyer to promote themselves as a litigator if they do not have meaningful experience trying cases in front of a jury. Many of these so-called litigators will claim that they want to go to trial, but then they will force a bad settlement agreement with the other side at the last moment. Additionally, many litigators who have handled bench trials, arbitrations, and court hearings do not fully understand everything that goes into a jury trial, which requires a particular storytelling style and unique litigation skills. The bottom line is that your lawyer needs to be able to persuade a jury.
Settlements vs. Trials
The truth is that some attorneys just aren’t cut out for trying cases in a courtroom. Most cases settle, which is why most lawyers don’t have significant trial experience – and this is especially true for jury trials. If your case goes to trial, you are going to want an experienced litigator who understands both the literal law and the trial strategy needed to convince jurors that they should find in your favor.
California Attorneys with Jury Trial Experience You Can Count On
If you need to bring in a new lawyer on the eve of trial, it is important that you hire last-minute trial counsel with solid litigation experience. When you hire Tauler Smith LLP to handle your legal matter, you will get attorneys who will never, ever quit on you. We are also not afraid to take on the tough cases that other firms run away from. That’s because our Los Angeles trial attorneys know how to win in court.
Our attorneys are extremely comfortable trying cases because we practically live in the courtroom. When a client hires us to represent them, they can trust that we are not just looking to get a quick settlement offer and avoid trial. Our expectation is always that we will fight extremely hard for our clients and help them win at trial.
Contact the Los Angeles Trial Team at Tauler Smith LLP
The California litigation attorneys at Tauler Smith LLP have experience trying late-notice cases in front of juries. You can count on our skilled last-minute trial lawyers to handle your case because we are battle-tested in both state and federal courtrooms. Call 310-590-3927 or email us now to schedule a free consultation.
Can You Change Lawyers During a Trial?
/in Rescue Counsel /by taulersmithAlthough it is never easy to make the decision to change lawyers, this is a move that may be necessary if you have lost confidence in your representation. After all, you are the one who will have to live with the consequences if your lawyer loses the case. So, you should feel comfortable doing everything you can to give yourself the best chance of a successful verdict. But what happens if your trial is already in progress? Can you change lawyers during a trial? Depending on the circumstances, it may be possible for you to request a continuance so that you can replace your current legal counsel with a new last-minute trial lawyer.
Read this blog to learn more about hiring a replacement attorney to handle your trial.
When Should You Hire a Replacement Attorney?
A lot of people assume that only one lawyer will handle a case all the way from its early stages to its concluding verdict at trial. But the truth is that the lawyer who initially took the case is not necessarily the lawyer who will be handling the case when it reaches trial. That’s because pre-trial practitioners are not the same as trial lawyers, and the various stages of a lawsuit or legal action tend to require different skill sets, with some lawyers better suited than others to try a case in front of a judge or jury.
These are some of the main reasons you may need to replace your current counsel before trial:
Afraid to Go to Trial
If your attorney is not comfortable with litigation and is afraid to go to trial, they may encourage you to settle on terms that are not very favorable. This would obviously be a bad outcome for you.
The Los Angeles last-minute trial lawyers at Tauler Smith LLP excel at trial work, which is why we are not afraid to take your case to court. We possess the knowledge of the law and the courtroom expertise needed to win even the most difficult trials, including business litigation, breach of fiduciary duty, employment law defense, and criminal defense. Although we are adept at negotiating favorable settlement deals on behalf of our clients, we also prepare every case with the belief that it will go to trial. This allows us to always be ready for a legal fight in the courtroom because we are never caught off guard.
Illness
Of course, it’s not always your attorney’s fault that they are no longer best suited to represent you. For instance, perhaps your current attorney fell ill during the trial. Sometimes, life can get in the way of our plans. Regardless of the reasons for you needing to hire a new attorney, it’s important that you react quickly. If your attorney got sick and is no longer able to represent you, the court should allow you to hire a replacement attorney. Moreover, your new attorney should be given extra time so that they can get caught up on the case. It’s also possible that a mistrial will be declared in a situation like this, which would give you additional time to find a new lawyer.
How to Change Attorneys During Trial
If your attorney switch is happening during the trial, you will need to have a notification filed with the court. Additionally, when you make the decision to move on from your current representation and hire a new attorney to handle your trial, you need to request your case file. This is especially important if the attorney switch is being made at a late stage because time is limited, and you want your new lawyer to get to work on your behalf as quickly as possible.
The truth is that judges are usually reluctant to grant a continuance, especially once the trial has started. That’s why you need to make sure that your new attorneys are experienced litigators who can quickly get up to speed and take over the case, whether it’s in a California courtroom or in federal court. The Los Angeles last-minute trial attorneys at Tauler Smith LLP are flexible to clients’ needs. This means that we can work alongside your original legal counsel or we can take over the case completely. We will adjust to the circumstances of your unique situation and make sure that every decision is made with one goal in mind: helping you win the case.
Contact the California Last-Minute Trial Lawyers at Tauler Smith LLP
If you are looking for new representation in your legal dispute, the Los Angeles last-minute trial attorneys at Tauler Smith LLP can help you. Our legal team has broad experience trying cases in state and federal courtrooms, including courts in California, Texas, Florida, and New York.
Call 310-590-3927 or contact us online to discuss your case.
Trial Preparation: What Can the Client Do Before Trial?
/in Litigation /by taulersmithAs experienced Los Angeles last-minute trial attorneys, we know how to quickly prepare a case for trial when we take over in the 11th hour. But this doesn’t mean the client is uninvolved or has nothing to do as we get ready to argue the case before a judge or jury. So, what does the client do before trial? The Tauler Smith litigation team believes that clients can play a very big role in helping us to prepare cases for trial, whether that involves providing us with valuable information about the case, communicating during settlement discussions, or being involved in strategy conversations.
Read this blog for more information about what clients can do to get ready for trial in a California courtroom.
How the Client Can Help Their Lawyer Win at Trial in a California Courtroom
The client has an important role in the lead-up to trial. Although you won’t be involved in the actual legal work or technical trial preparation, you can still contribute in very meaningful ways.
Provide Case Information
For starters, you are an invaluable resource because you will know the facts of the case as well as anyone. Your attorneys may have questions for you as they research and get ready for trial, and you may be asked to fill in gaps in the fact pattern, provide background information on potential witnesses, and offer insights into the case.
Clients are often the best source for evidence since they will probably know the location of relevant documents, in addition to gaining access to those documents once they are located. This can be particularly helpful in business litigation cases and employment defense cases where discovery may cover a lot of evidence, as well as late-notice cases where the trial date is quickly approaching and time is limited.
Settlement Discussions
The client also needs to be involved in any settlement conversations, providing guidance to the attorney. Ultimately, you will have to make the call about whether you find a settlement offer acceptable, and you certainly should not let anyone else sway you because you are the one who will have to live with the decision. Sometimes, it’s better to take the financial settlement being offered and be done with the stress of litigation. Or you might be so personally invested in the case that getting your day in court and seeking justice is most important to you.
Witness Prep
While attorneys typically take the lead when it comes to preparing witnesses to testify at trial, the client is also very helpful in this regard. That’s because the client will probably have some kind of relationship with the witnesses, which can make it easier to encourage their testimony. The client’s familiarity with the other witnesses can also provide insight into how they might react to certain types of questioning.
Additionally, if expert witnesses are needed for the trial, the client may be helpful when it comes to helping prepare the expert. After all, the client will still know more about the particular facts of the case, and the expert can probably benefit by learning the specifics before testifying.
In many cases, the client will also take the stand to testify at trial. Before this happens, the client should be prepared by their attorneys so that they know exactly what to expect and how to frame their narrative while on the stand. Moreover, the client should be prepared for cross-examination so that they won’t be caught off guard by aggressive questioning from the opposing side.
Trial Strategy
Strong communication between the attorney and their client is extremely important. The client should always feel comfortable asking questions about the case. Your lawyer works for you, not the other way around. Your last-minute trial counsel should keep you informed at all times about what is happening. Additionally, if you are unsure about the direction that your attorneys are taking the case, you should definitely speak up and voice those concerns. Clients should always play a role in the trial strategy.
Client feedback can also be extremely helpful. Sometimes, the litigators get so caught up in the legal arguments that they forget the human element at play in a trial. Cases are presented to jurors, and those jurors typically don’t know much about the actual law or the applicable statutes. They need to be persuaded at a human level, and this is where feedback from the client can provide valuable insight: how the client reacts to a particular argument, trial tactic, or theme may be some indication of how the jury will react.
Contact the Experienced Los Angeles Trial Lawyers at Tauler Smith LLP
The Tauler Smith LLP trial lawyers handle cases in California, New York, Texas, Florida, and across the United States. We go to great lengths to ensure that our litigators are in frequent communication with clients throughout the legal process because we want clients to stay informed. We also want our clients to be involved in any important decisions that need to be made before trial.
We will do everything in our power to maximize your chances of winning in court. Call 310-590-3927 or email us to schedule a free consultation.
Lawsuits: What Happens Before Trial?
/in Litigation /by taulersmithIf you are suing someone, or if you are being sued, you may be wondering: “In lawsuits, what happens before trial?” Our California litigators have experience representing clients in civil suits, and many of them want to know what they can expect in the month before their trial starts. The truth is that your life is going to change considerably – at least for a little while. Trials can be stressful and time-consuming. But they can also be incredibly rewarding when your lawyers are able to secure a favorable verdict and help you achieve justice. That’s why you need to make sure you have the right attorneys on your side and handling your case, especially if the trial date is quickly approaching. The Los Angeles civil litigation attorneys at Tauler Smith LLP know how to prepare for trial and win in the courtroom – and we can help you win your case.
Keep reading this blog to learn more about what you and your attorneys can do to get ready for trial.
Are You Confident in Your Current Attorneys?
As your trial date gets closer, you may feel an incredible amount of stress – which can manifest itself both physically and emotionally. And since you don’t know what the outcome of the trial will be, you may also feel intense pressure during the trial. Managing this stress and pressure is an important aspect of getting through the trial, and one of the best ways to do this is to let your attorneys take care of the legal matters while you focus on yourself. Of course, this requires you to have the utmost confidence in your attorneys.
Cases are usually won or lost in the weeks and days leading up to trial. The side that best prepares everything for trial is likely to prevail at the final verdict. If your current attorney is not doing enough to get the case ready, your chances of defeat go up substantially. That’s why you should consider hiring a lawyer who specializes in late-notice cases and last-minute trials.
How Your Attorneys Should Prepare for an Upcoming Trial
There are a number of things that both you and your attorneys can do to make sure that you are ready for an upcoming trial in a California courtroom, whether it’s a criminal case or a civil case involving business fraud, breach of fiduciary duty, or employment law. Some of the most important prep work that your trial lawyer must get done either just before trial or shortly after the trial starts includes:
Pretrial Briefs and Motions
Your attorneys need to be extremely well-versed in the law, and they must have extensive experience handling cases that go to trial because they are going to need to follow court procedure and rules every step of the way. A single mistake during the pre-trial stage can be fatal to your case because you may not have the ability to remedy that mistake later. This includes filing all necessary briefs and motions by the required deadlines. A lot of judges will insist that you cannot go back and file certain motions once the deadline for doing so has passed, which means you may be blocked from introducing crucial evidence, deposing certain witnesses, or even getting the case dismissed before trial.
Witness Prep
Your attorneys will need to make sure that all your key witnesses are available for the trial date, and that those witnesses are fully prepared to testify. You may also want some witnesses on call to counter the opposing side’s arguments, and this means that your attorney will need to be adept at anticipating every possible argument and legal issue that might come up.
The amount of time needed to get the client and other witnesses ready for direct examination on the witness stand varies, depending on the particular case. You should expect to commit a good chunk of time to practicing testimony with your legal team. And you should expect preparation for cross-examination to take even longer.
Evidence
A strong trial lawyer will need to prepare every aspect of your case with the expectation that it will go to trial. This means having a complete list of all evidence that may be relevant in the case, including any documents that were obtained during discovery. It will also be necessary to have the depositions of any witnesses that could be called at trial. Basically, anything that will be needed to prove your case at trial should be available.
Depending on what happens at trial, it may be necessary to impeach a witness. This is when knowing the depositions inside and out will prove crucial because your attorney must immediately recognize inconsistencies in the witness’ testimony.
Opening Statement & Closing Argument
Your lawyers need to be able to communicate your story to the jury in a way that is easy to follow. The opening statement should capture the jurors’ attention, and the closing argument should intelligently articulate to the judge and jury why they should find in your favor.
Preparing the Record for Appeal
If the verdict does not go your way, your attorney might also want to file an appeal. This actually requires some foresight from your lawyer because they will need to make sure that the record is prepared for appeal.
Communicating with the Client
You can expect the days and weeks before the trial to be extremely time-consuming. Your attorneys will be doing everything possible to prepare the case, but you may also be called upon for last-minute gathering of documents, locating and contacting potential witnesses, and preparing for direct testimony at trial.
Additionally, if the client is open to a pre-trial settlement, then they should be on call to provide input when last-minute settlement discussions gain traction.
Contact the California Trial Lawyers at Tauler Smith LLP
The truth is that no two cases are the same. That’s why you need experienced legal representation who will work closely with you and who will aggressively advocate on your behalf throughout the legal process, up to and including the trial.
The Los Angeles trial attorneys at Tauler Smith LLP are ready to help you. We represent clients in courtrooms throughout the United States, including California, Texas, New York, and Florida. Call 310-590-3927 or send an email today to discuss your case.
Is It Too Late to Hire a Last-Minute Trial Lawyer?
/in Rescue Counsel /by taulersmithHow late is “too late” to hire a last-minute trial lawyer for your case? The answer to this question will depend on the facts and circumstances of the case, including how much work your previous attorneys have already done to prepare for trial. Regardless of the circumstances, though, it is important not to delay because you do not want to hire a new lawyer right before you walk into court for your trial. Even the best attorneys need time to prepare, so your chances of success will improve dramatically if you give your attorney as much time as possible to review the evidence and strategize your case.
Keep reading for more information about last-minute trial lawyers.
Quickly Preparing a Case for Trial at the Last Minute
A great deal of work goes into preparing a case for trial, especially with complicated practice areas such as business fraud, breach of fiduciary duty, intellectual property, and employment law. Your new attorneys will need to learn the background information and case facts, write strong opening and closing arguments, prepare evidence and exhibits to be introduced at trial, prepare witnesses for direct examination, depose witnesses who may require cross-examination at trial, and develop an overall theme for the trial. If your previous legal team hasn’t done enough work already, it may be necessary to fill in any gaps in the trial prep.
Factors That Affect How Much Time a Last-Minute Trial Attorney Needs
There are a number of factors that determine exactly how much time is needed to prepare a case for trial.
How Much Work Has Already Been Done?
A major factor is the amount of work that has already been completed by the previous attorneys. If your earlier lawyer was thorough in their preparation and carefully mapped out a trial strategy, then it will be easier for our last-minute trial lawyers to get up to speed on the case. We may simply need to review the evidence, sift through the best arguments, and fine-tune the overall approach. On the other hand, the absence of pre-trial work by your previous attorneys will probably mean that your new attorneys are going to need additional time before the case is ready for trial.
Replacing or Assisting the Previous Attorneys?
Another significant factor in determining the case-preparation timeline is whether the new attorneys are being brought in to assist your current attorneys or to completely replace them before trial. Replacing your attorneys with last-minute trial counsel could require more time.
Type of Case
Certain types of cases may require more preparation and lead time than others. For example, a complex business litigation case that involves a lot of documents and testimony may require more time for discovery, as well as extra time to get depositions from witnesses who could be called to testify at trial.
Replacing Your Attorney in a Complex Legal Dispute
Some cases have extremely complicated fact patterns and involve complex areas of the law, which can certainly affect the timeline when it comes to preparing for trial and getting a replacement attorney up to speed.
A more difficult case might require three (3) months to prepare for trial, while other cases might only require a few days to get ready for trial. There is no hard and fast rule when it comes to trial timelines, so a lot will depend on the particular facts of your case. The California last-minute trial team at Tauler Smith LLP treats each case individually and on its own merits. This means we will handle your case based on its unique circumstances.
Los Angeles Parachute Trial Lawyers Prepared to Take Your Case to Trial
The best last-minute trial representation doesn’t necessarily need a lot of time to get a case ready for court, but it can certainly help. As a general rule, the more time your attorney has to prepare for your trial, the better off you will be.
The Tauler Smith litigation team possesses the rare ability to prepare cases with little to no advance time. You need a law firm that knows how to effectively brief your case before it reaches trial and then persuasively argue on your behalf in the courtroom at trial. When our last-minute trial attorneys take on your case in California, Texas, Florida, or anywhere else in the U.S., we immediately get to work familiarizing ourselves with the relevant facts and reviewing the evidence so that we can develop winning arguments. We will also prepare both you and your witnesses so that everyone is ready once the trial begins.
Do You Need Emergency Counsel for an Upcoming Trial? Contact Us Now
Whether your trial is in a few months or a few days, the California last-minute trial lawyers at Tauler Smith LLP can help you. We know how to quickly prepare a late-notice case for presentation to a judge or jury, and we know how to articulate your story in court.
Call 310-590-3927 or email us.
Do You Need a Last-Minute Trial Lawyer?
/in Rescue Counsel /by taulersmithHow do you know if you need a last-minute trial lawyer? Although changing your lawyer at a late stage might not seem ideal, it might also be your best option if you truly believe that your current counsel is not sufficiently prepared to argue your case at trial. At the end of the day, it’s your case. You deserve to be represented by an attorney who will fight for you and who will give you the best chance of winning. The California last-minute trial team at Tauler Smith LLP handles a wide range of legal matters in emergency situations, including business fraud, breach of fiduciary duty, and employment law. We know how to argue your case in court and help you get the best possible outcome.
Read this blog to find out whether you need a last-minute trial attorney.
Reasons You May Need to Hire a Last-Minute Trial Attorney
There are any number of reasons that a client might start looking for last-minute trial counsel:
You and your current attorney might not be meshing well. Sometimes, there is a personality clash that can’t be overcome. Although it might still be possible for your attorney to win, it’s not ideal to head into trial when the attorney and the client are not on the same wavelength. After all, it’s your case and your story that will be told to the jury – so you should have a say in what happens during pre-trial prep and which arguments get made during the trial.
You and your current attorney might disagree over the trial strategy. The attorney may be the legal expert, but you should still have a say in what arguments get made and how your story is presented to the jury. It’s possible that your lawyer has a trial strategy that you are not on board with, and that’s okay. The best thing to do in these situations is often to move on and find a new lawyer who is a better fit.
Your attorney needs to keep you informed about the case. It is crucial that you remain involved throughout the legal process, including trial preparation and strategy. If your lawyer is failing to tell you about important developments, or if they are simply non-responsive when you try to contact them, it may be in your best interest to find another lawyer.
Is your current attorney pushing for a bad settlement, even when the other side refuses to make a fair settlement offer? Then you may need a new attorney who is not afraid to take your case to trial and present your side to a judge or jury. Our Los Angeles last-minute trial team lives for trial work, and we’ve got the background and record to prove it.
How Our Last-Minute Trial Lawyers Can Help You Win
When a lawyer takes over a case at the 11th hour, they need more than just legal knowledge and strong argumentative skills. They must be capable of making lightning-quick decisions and adjusting on the fly to new evidence and unexpected arguments by the opposition. In fact, it is very possible that last-minute trial counsel could be your last hope of prevailing and getting the trial result you deserve.
The skilled California litigators at Tauler Smith LLP can take over your case and prepare for trial on extremely short notice, which is what you need to win. We take pride in putting all our energy, passion, and knowledge into helping our clients get legal justice. Additionally, we have a track record of success when it comes to securing successful verdicts in both bench trials and jury trials throughout the U.S., including California, Texas, New York, and Florida.
Need Last-Minute Trial Counsel? Contact a California Parachute Trial Lawyer
You deserve to be represented by an experienced attorney who is comfortable making arguments in the courtroom and who knows how to persuasively present your story to a jury. The Los Angeles last-minute trial lawyers at Tauler Smith LLP have decades of combined experience representing clients in both federal and state courtrooms. Additionally, we are extremely proud of our track record of success in litigation.
Call 310-590-3927 or send an email now to schedule a free consultation.
8 Qualities of the Best Last-Minute Trial Lawyers
/in Rescue Counsel /by taulersmithThere are a lot of lawyers who are simply not prepared to battle in court because they don’t have the requisite experience needed to effectively argue on behalf of their clients in front of a judge or jury. The California last-minute trial lawyers at Tauler Smith LLP have worked hard to develop high-caliber trial skills, including strategies that prove highly effective for our clients. We excel in the courtroom because we are always striving to get better and fine-tune our approach. If you need new legal counsel for your case, we can help.
To learn 8 qualities of the best last-minute trial lawyers, keep reading this blog.
What Are the Main Qualities That Your Last-Minute Trial Attorney Should Possess?
These are some of the main qualities that you will find in the very best last-minute trial attorneys:
One of the biggest keys to trial success is knowing how to plan for any number of situations that could arise during the trial. In fact, the best way to ensure that you are not caught off-guard by the other side’s arguments is to prepare prepare prepare. A good last-minute trial lawyer should be able to quickly get a case ready for trial – even when they are taking over the case on short notice. Additionally, your attorney should know the facts, evidence, and other aspects of the case better than anyone, including you.
When taking over a late-notice case, it is vital that a parachute trial attorney be capable of quickly reviewing the evidence and assessing the facts. Time is limited in these last-minute trial situations, so a good lawyer needs to know how to efficiently use their time to get up to speed on the case and then start establishing the themes and strategies that will be most effective at trial.
Speaking of trial strategy, one of the most important qualities of emergency counsel is the ability to develop a strong trial strategy even when there is only a short amount of time to do so. Good trial lawyers can review case facts and evidence to formulate a coherent trial strategy, but great trial lawyers are able to go a step further and develop a strategy that is likely to persuade the jury. It’s not enough to merely present the facts; your attorney needs to show why the facts and evidence in the case point to the conclusion that you are on the right side of the law.
Attorneys need to be able to communicate well with their clients. This is especially important when the trial date is approaching because the client will often be the one person who possesses insight into the case that no one else has. For last-minute trial representation, communication with the client is vital to developing the strongest possible strategy. Additionally, clients need to be kept informed and up to date on any case developments so that they feel confident in their attorney’s approach and ability to handle the case.
The ability to communicate the client’s story to the jury is one of the most important skills that a last-minute trial attorney can possess. Trial lawyers need to be great storytellers if they are going to convince jurors that their client’s story is the one that should be believed. A good trial lawyer should be able to speak clearly and effectively so that the jurors understand the issues at the heart of the case. A trial lawyer also needs to be concise in how they communicate facts to the jury so that complicated legal issues can be distilled into an easy-to-follow story.
Part of communicating to the jury is being liked by the jury. That’s because jurors are human beings first and foremost, and they are more likely to understand and empathize with one side over the other in a trial when they can relate to that side. If your lawyer possesses great people skills and can build a strong rapport with the jury as the trial is happening, then your chances of winning at the end of the trial improve significantly.
Every trial lawyer understands just how important it is to show respect to the judge, jurors, opposing counsel, and court officials throughout the trial. You always want to make a good impression when the trial starts, especially on the members of the jury who will be deciding the outcome. Not only is your attorney’s demeanor a reflection on you, but it can also make a huge difference when the judge issues rulings and when the jury renders a verdict.
Trials rarely go according to plan because there are so many variables at play, including the opposing side’s arguments. An effective last-minute trial attorney will be adaptable in any situation and be ready to adjust their approach at a moment’s notice.
Los Angeles Litigators with Broad Trial Experience
The Los Angeles litigators at Tauler Smith LLP are often called in at the last possible moment when the parties realize that trial is inevitable and their current lawyers are not ready to win the case in front of a judge or jury. Our skilled last-minute trial team has broad experience arguing in courtrooms throughout the country, including local courts, appellate courts, and federal courts in California, Texas, New York, and Florida. We are well versed in trial strategy, and we know how to submit briefs and make arguments throughout the pre-trial stage as well.
Contact the Experienced California Last-Minute Trial Lawyers at Tauler Smith LLP
Do you need an experienced litigator to try your case? The California last-minute trial team at Tauler Smith LLP enjoys doing the hard work that goes into preparing a case for trial, whether it’s a business litigation case, an employment claim, or a breach of fiduciary duty complaint. We also shine in the courtroom, where it is vital that your story is presented to the judge and jury in the most compelling and persuasive way possible.
Call 310-590-3927 or email us to schedule a free consultation.
5 Signs You Need a Last-Minute Trial Lawyer
/in Rescue Counsel /by taulersmithIf you are frustrated with your current attorneys, it is important to understand why that is. What are the 5 signs you need a last-minute trial lawyer? Perhaps your current lawyer is not telling the right story about your case and failing to focus on the right things. Or maybe they are trying too hard to settle when it is clear that you want to go to trial. Once you recognize that your attorneys are not getting the job done, it may be time for you to hire replacement counsel to represent you at trial in your business fraud case, breach of fiduciary duty complaint, intellectual property claim, employment law matter, or other legal dispute.
Read this blog to learn the signs you need a last-minute trial attorney to handle your case.
Experienced Last-Minute Trial Counsel Can Prepare Your Case at the 11th Hour
Sometimes, it becomes clear that your current lawyer just isn’t effective. This can be even more obvious when your current lawyer is not prepared to handle your case during the impending trial. Consulting with emergency counsel about your last-minute trial situation may be just the thing you need to get the case back on track.
Trial preparation is vital if you are going to have any chance of winning the case when it is presented to a judge or jury. The Los Angeles last-minute trial attorneys at Tauler Smith LLP know how to prepare a case at the eleventh hour because we have done it before in state and federal courtrooms across the country, including California, Texas, New York, and Florida. Our experienced litigators will provide you with a last-minute consultation to evaluate your case in advance of an upcoming trial. Whether your trial is still a few months away or it is just about to start, we can help you. We will take a hard look at the evidence, witness transcripts, and case briefs, and then come up with an effective trial strategy that is tailored to your particular case.
Red Flags That Your Current Attorneys Are Not Ready for Trial
You need to pay careful attention to your attorneys in the months and weeks leading up to trial. If you determine that your current counsel is not prepared for trial, or that they are simply unwilling to take the case to trial, you should consider getting outside assistance for last-minute trial representation.
There are a number of red flags that you need to be on the lookout for when it comes to your current legal representation. These are a few of the signs that you may need to hire a parachute trial lawyer:
Even if you are involved in a complex legal dispute, your attorney should still strive to make sure that you understand everything involved in the case and that you are being included in the formation and development of trial strategy. Your involvement in strategizing for trial can be extremely important because you have unique insight into the case facts, parties, evidence, etc. Additionally, the trial is going to be your opportunity to have your story presented to a judge or jury in an official legal setting, and you should certainly have a say in what kind of story gets told and which arguments are made.
Experienced litigators recognize that your case is supposed to get easier to understand as the trial date approaches. If that is not happening, and if the amount of evidence and number of claims and defenses is greatly expanding, then you need to consider whether your current legal counsel is who you want handling the trial and arguing your case to a judge or jury. The reality is that preparing a strong trial strategy is almost always going to be easier when attorneys are able to focus on a few key arguments that can be presented to jurors in a comprehensible way.
It’s good for a lawyer to be confident about winning a case at trial, but you don’t want your attorney to be so confident that they ignore obvious warning signs. Attorneys need to rigorously test their arguments before trial, and this typically involves anticipating counterarguments that might be raised by the other side. Unfortunately, some lawyers become so enamored with their own case that they can’t recognize possible flaws and weak spots, which is how winnable cases end up being lost once the trial begins. Bringing on new last-minute trial representation who can offer a fresh perspective is often the best move you can make in these situations because it will allow you to challenge your own arguments and then craft the best possible trial strategy.
The flip side of an attorney having too much confidence about a case is an attorney who does not have enough confidence to take a case to trial. Unfortunately, far too many lawyers simply don’t have experience actually trying cases in a courtroom, which causes them to seek bad settlements on behalf of their clients rather than pursuing justice at trial. The California last-minute trial team at Tauler Smith LLP is not afraid to take on late-notice cases and go to trial. We prepare every case with the expectation that it will go to trial, and we do so with meticulous precision.
The trial is your opportunity to tell the jury your story so that they understand why you deserve to win. When your lawyer is not capable of developing a jury-friendly story that can be easily understood, things can go off the rails very quickly. Additionally, the failure of your attorney to persuade the jury will open the door for the other side to “educate” jurors and frame the case in a way that is not favorable to you. You always want your story to be the one that gets communicated to the jury, but this requires a compelling theme and strong storytelling skills, which is what effective litigators are best at. A new lawyer can help you craft a clear-cut, unified message and ensure that the jury hears what you want them to hear during the trial.
Need Emergency Legal Counsel? Contact an Experienced California Last-Minute Trial Lawyer
If you have lost confidence in your trial counsel and the trial date is looming, you need to act quickly. The California last-minute trial lawyers at Tauler Smith LLP have been practicing in litigation for their entire legal careers. We can discuss your case and help you evaluate your options, whether the trial date is 90 days away or coming up next week.
Call 310-590-3927 or send us an email to discuss your case.